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Facing criminal charges can be like living a nightmare. Working with a qualified and experienced criminal defense attorney can help you navigate your tricky situation a lot easier, but you will first want to clear up some of the myths that you might have heard about criminal cases. Here are a few of those common misconceptions and the truth behind them. “I Have an Alibi So I’m in the Clear” Unfortunately, this is not always true. You may have an alibi, but if there is any information missing, or your alibi cannot be verified, you will end up looking more suspicious. For example, if you say you were at a store across town at the time the crime was committed, yet there was no surveillance footage to place you at the store and nobody saw you there, then your alibi will not help you. Always discuss with your lawyer where you were and what you were doing at the time of the crime and they can help you determine what information you should share in court. “They Didn’t Read Me My Rights So My Case Will Be Dropped” This is one of the most common misconceptions about criminal cases, and unfortunately, it is not true. Your Miranda rights include the following: • You have the right to remain silent. • Anything you do or say can be used against you in court. • You may ask to have your lawyer present during questioning. • The court will appoint a lawyer to you if you cannot afford to hire one. If you are not read your rights at the time of your arrest, the only thing that means is that the prosecutor cannot use anything you said at the time of your arrest against you. There are of course exceptions to this rule but that is what it boils down to. There are no statements in the Miranda rights about a case being thrown out or a defendant escaping punishment because they were not read their rights. When you are being arrested, the best thing you can do is try to be as courteous and cooperative as possible. If you act belligerent and difficult, this is likely going to damage your defense. “I’m Off the Hook If the Officer Doesn’t Appear in Court” This is a trickier situation because it is false in most but not all situations. The short answer is that the decision to dismiss the case is up to the judge. What will frequently happen is that the judge will issue a continuance for the case a few times to give the officer a chance to appear in court. The chances that your case will be dropped increase the more times the officer is absent from the scheduled court appearances. If the prosecution is unable to make a good case without the arresting officer present, then your case will likely be dismissed. “Working with a Court-Appointed Lawyer Is Good Enough” There are certainly qualified court-appointed lawyers out there, but they tend to be overwhelmed with cases that were assigned to them. The result is that they are not likely to be able to give you the proper attention your case deserves. You will have a much better chance of winning your case when you hire a lawyer yourself who has the time and resources to make your case a priority. “I Can Represent Myself” One particularly disappointing myth that people often believe is that they have a good enough understanding of the legal system to represent themselves. No amount of TV crime dramas can compensate for the high level of expertise that an educated and trained lawyer can give you. Working with a criminal defense attorney will give you the highest likelihood of a positive outcome. Fischer & Putzi, P.A. Protect your rights with our experienced and assertive criminal defense and DUI attorneys. Visit our page on http://fischerputzilawfirm.com/ to see our page today!
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